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    Republicans hail Trump immunity ruling as Democrats warn ‘we will not have a democracy’

    While Republicans applauded the supreme court’s decision to grant Donald Trump immunity for official acts undertaken as president, Democratic leaders expressed outrage over a ruling that legal experts warn could undermine the foundations of US democracy.The court’s six conservative justices ruled that presidents have “absolute immunity” for official acts but no immunity from unofficial acts. The distinction could hamper the federal case against Trump over his efforts to overturn the results of the 2020 presidential election, and makes it even less likely that the case will go to trial before election day in November.Trump celebrated the ruling as a “big win for our constitution and democracy” – a view echoed by the Republican House speaker, Mike Johnson.“Today’s ruling by the court is a victory for former President Trump and all future presidents, and another defeat for President Biden’s weaponized Department of Justice and Jack Smith,” Johnson said.“As President Trump has repeatedly said, the American people, not President Biden’s bureaucrats, will decide the November 5 election.”Jim Jordan, the Republican chair of the House judiciary committee, weighed in as well. “Hyper-partisan prosecutors like Jack Smith cannot weaponize the rule of law to go after the administration’s chief political rival, and we hope that the left will stop its attacks on President Trump and uphold democratic norms,” Jordan said.Democrats, meanwhile, condemned the decision as a disgrace, describing it as an attack on the separation of powers and a black mark on the supreme court’s reputation.“This is a sad day for America and a sad day for our democracy,” said Chuck Schumer, the Democratic Senate majority leader.“This disgraceful decision by the Maga supreme court – which is comprised of three justices appointed by Mr Trump himself – enables the former president to weaken our democracy by breaking the law. This decision undermines the credibility of the supreme court, and suggests that political influence trumps all in our courts today.”Hakeem Jeffries, the House Democratic leader, said the ruling “sets a dangerous precedent for the future of our nation”, adding: “The Framers of the constitution envisioned a democracy governed by the rule of law and the consent of the American people. They did not intend for our nation to be ruled by a king or monarch who could act with absolute impunity.”Legal experts voiced similar concerns about the ruling’s implications, highlighting liberal justice Sonia Sotomayor’s warning that the decision could enable a future president to claim immunity for blatantly illegal acts such as ordering the assassination of a political rival or organizing a military coup to stay in power.“Scotus’s immunity decision will in time rank as among the court’s worst decisions in its many year history,” Claire Finkelstein, a law professor at the University of Pennsylvania, said. “Any US president can now violate the law to remain in power as long as he cloaks it in the trappings of his office.”Joyce Alene, a law professor at the University of Alabama, concluded: “It’s up to American voters. We held Trump accountable at the polls in 2020 [and] must do it again in 2024. Because the supreme court won’t.”skip past newsletter promotionafter newsletter promotionJoe Biden’s campaign team agreed that the ruling only heightened the stakes of the presidential race, and they urged voters to reject Trump in November to avoid a repeat of the violence seen on 6 January 2021.On a Biden campaign press call, the congresswoman Jasmine Crockett, a Texas Democrat, said the ruling underscored how Trump’s re-election would endanger Americans’ fundamental freedoms.“We’re talking about reproductive freedom, freedom to access the ballot box, freedom to love who you want, freedom of press, freedom of speech, freedom of religion and freedom to live the life you want to live,” Crockett said. “We can’t underestimate Donald Trump’s threat or his dark vision for our future.”Harry Dunn, a former US Capitol police officer who working during the January 6 insurrection, told reporters that the ruling amplified Trump’s status as “the single greatest threat to our democracy”.“We don’t need nine supreme court justices to tell me that Donald Trump was responsible for January 6,” Dunn said. “I was there. Those people that attacked us, they attacked us in his name on his orders.”Congressman Dan Goldman, a Democrat from New York who previously served as lead majority counsel in Trump’s first impeachment inquiry, went even further by framing Trump’s re-election as “far and away the biggest threat since the civil war”.Goldman said: “If Joe Biden is not elected in November, we will not have a democracy that we have known for 250 years.” More

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    Lindsey Graham warns ‘accountability coming to Biden’ if Trump wins

    South Carolina’s Republican senator Lindsey Graham warned of retribution against Democrats amid Donald Trump’s ongoing criminal cases.In an interview with CNN’s Dana Bash on Sunday, Graham, a staunch Trump ally, said without evidence, “The Democrats keep calling president Trump a felon. Well, be careful what you wish for. I expect there will be an investigation of Biden’s criminality at the border.”In May, Trump was found guilty on all 34 counts of falsifying business records in a historic criminal hush money trial that involved adult film star Stormy Daniels and Trump’s attempts to influence the 2016 presidential elections.Speaking to Bash, Graham continued: “This country is going to have a reset here and using [Joe] Biden’s standard of glorifying political prosecutions, a Pandora’s box has been opened. Whether he steps down or not, accountability is coming to him.”Bash, who co-hosted the first presidential debate between Biden and Trump earlier this week, replied: “Sir, you just warned of retribution.”In response, Graham said: “Yeah. I warned that the Pandora’s box opened by the Democrats is going to be applied here.” The senator went on to point to the Biden administration’s handling of the border crisis, saying, “I think the criminality of the Biden border policy should be looked at.”He also pointed to the Democrat-led House select committee investigating the January 6 insurrection, saying, “A January 6 committee looking at what happened on January 6, I hope there’ll be a committee looking at border policies that have led to the rape and murder of lots of Americans.”In Sunday’s interview, Graham also defended Trump’s performance during Thursday’s presidential debate in which Trump repeatedly lied while Biden stumbled through his words.“I thought he had a very good night… At the end of the day, he was strong, he was clear, he was coherent,” said Graham.Bash went on to ask Graham if he felt comfortable with Trump’s response to her question on whether he would accept the 2024 election results, regardless if he wins or not. During the debate, Trump said he will accept the results if they are “fair and legal”.skip past newsletter promotionafter newsletter promotionIn response, Graham replied, “Yeah, I mean, what are you supposed to say? ‘You all accept it no matter if I thought I was cheated?’ I’m not worried about him accepting the results of the election. I’m worried about between now and November. Does Iran get a nuclear weapon because they think Joe Biden is so compromised, he is not going to do anything about it?”During Thursday’s presidential debate, Bash and her co-host Jake Tapper took a hands-off approach in factchecking statements from Trump and Biden, which prompted criticisms towards CNN for letting false claims – mostly from Trump – go unchallenged.Graham, nevertheless, hailed the network, telling Bash, “You all did a good job. You let him talk. You’re not factcheckers. You let him talk.” More

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    Trump loyalists plan to name and shame ‘blacklist’ of federal workers

    Armed with rhetoric about the “deep state”, a conservative-backed group is planning to publicly name and shame career government employees that they consider hostile to Donald Trump.This “blacklist” of civil servants, which will be published online, is intended to advance Trump’s broader goals, which, if elected, include weeding out government employees and replacing them with loyalists.The group behind the list is the American Accountability Foundation (AAF), which was founded in 2020 and describes its mission as “working non-stop to expose the left’s secrets and hold Biden accountable”. A 2022 New Yorker profile described AAF as a “conservative dark-money group” and “slime machine”.In recent years, AAF has focused its efforts on derailing Biden’s political appointments. Now, according to a press release, the AAF is getting to work on a new mission: “Project Sovereignty 2025”.Backed with a $100,000 grant from the Heritage Foundation, an influential rightwing thinktank, AAF will compile information, including social media posts, about civil servants they suspect will “obstruct and sabotage a future conservative president”. They plan to publish dossiers on those non-public facing individuals, starting with the Department of Homeland Security, and expose them to scrutiny.“WE ARE DECLARING WAR ON THE DEEP STATE,” AAF wrote in a post on Twitter/X earlier this week.News of the project has reportedly sent alarm bells ringing among the civil service community, and it’s the latest sign that Trump and his allies are seeking to wrest control of Washington DC, which they believe has been overrun by their opponents.The American Federation of Government Employees, the largest federal employee union (and which has endorsed Joe Biden), described Project Sovereignty 2025 as “an intimidation tactic to try to menace federal workers and sow fear”.“Civil servants are required to take an oath to the Constitution,” they wrote on X. “Not a loyalty test to a president.”Project Sovereignty 2025 has also drawn comparisons to the anti-communist blacklisting techniques employed during the McCarthy era.Donald Moynihan, a political scientist and the McCourt chair of Georgetown University’s McCourt school of public policy says those comparisons are valid, and that AAF’s plans reveal a “deep animus towards state actors who are seen as disloyal to the party and party ideology, and a desire to punish those actors”.During the first Trump administration, Trump and his allies made no secret of their animosity towards non-political government workers who they believed were working internally to impede his policies, particularly on immigration. Those suspicions have been increasingly rolled into nebulous conspiracies about the “deep state” – a cabal of government officials with a sinister agenda.“Trump used to talk about ‘The Swamp’, and that rhetoric has become sharper and more negative since it’s merged with discussion about ‘the deep state’,” said Moynihan. “This is also because he views the state as a threat to him personally.”Moynihan says it’s also important to consider Project Sovereignty 2025 in the context of broader patterns of intimidation against individuals across institutions, and across all levels of government.“Librarians, teachers, professors, public health officials, election officials, who were previously anonymous, and left to do their jobs, now have to worry about being doxxed, being accused of being disloyal and being part of the deep state,” said Moynihan. “I think that is really quite new.”“Project Sovereignty” would lay the groundwork for Heritage Foundation’s “Project 2025”, a 900-page blueprint for Trump to follow if he’s elected. Project 2025, which explicitly makes “Christian nationalism” a priority for Trump, also seeks to reorganize the federal government. Critics have labeled it “authoritarian” in nature.One of Project 2025’s top priorities is the implementation of “Schedule F”, which would reclassify tens of thousands of career civil servants as political appointees. This move would allow Trump to conduct mass dismissals and replace those employees with his supporters.Trump introduced Schedule F via executive order in October 2020, which was later rescinded by Biden. Earlier this year, the Biden administration ushered in additional protections to “safeguard federal employees from political firings”. Trump has vowed to reimplement Schedule F on his first day in office, “I will shatter the Deep State,” he said in a statement last year.On the surface, it would be easy to perhaps dismiss AAF as some fringe outfit steeped in “deep state” conspiracies. But that’s not the case. AAF is run by Tom Jones, former legislative director to Republican Wisconsin senator Ron Johnson. Jones also ran opposition research for Senator Ted Cruz’s unsuccessful bid for president in 2016.“This isn’t just some crank in his basement,” said Moynihan. “This is someone funded by the Heritage Foundation, who has worked with Republican senators, and is part of the broader Republican mainstream operation.”Jones and AAF have not responded to the Guardian’s request for comment.Some of AAF’s tactics in recent years offer some insight into what Project Sovereignty 2025 could look like. For example, they haven’t just targeted Biden’s high-profile nominees for cabinet and court seats. They’ve also gone after lesser-known political appointees, whose relative obscurity leaves them particularly vulnerable to smears, which are then published to the website bidennoms.com along with their photos.The AAF also has a track record of disproportionately targeting women and people of color. According to the New Yorker in 2022, more than a third of the 29 candidates they’d singled out were people of color, and nearly 60% were women.“Those sorts of lists create more intimidation,” said Moynihan, “More fear, and more consequences when these actors have access to power to potentially fire people, in addition to intimidating them.” More

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    Biden comes out swinging in first speech after presidential debate with Trump

    In what several supporters described as a “night and day” difference from his performance in last night’s debate, President Joe Biden on Friday vowed to keep fighting against what he framed as an existential threat to America.In his first campaign stop following the debate, Biden showed off a louder and more dynamic voice at the North Carolina state fairgrounds in Raleigh.“I know what millions of Americans know,” Biden said. “When you get knocked down, you get back up.”During the 15-minute speech in a sweltering building that saw at least one person faint, Biden ran through a list of issues from high-speed internet to border security, but spent a good deal of his time denouncing Donald Trump’s honesty and integrity.“I don’t walk as easily as I used to, I don’t speak as smoothly as I used to, I don’t debate as well as I used to,” Biden said, addressing the widespread criticism of his Thursday performance. “But I know what I do know. I know how to tell the truth.”Repeating a line from the debate, he said of Trump, his rival for the White House, “I spent 90 minutes on a stage debating a guy who has the morals of an alley cat.” Biden added: “I think he [Trump] set a new record for the number of lies told at a single debate.”Although there was enough empty room in some of the bleachers for people to move around easily, the crowd shouted an encouraging: “Yes, you can!” when Biden began to talk about how well he could do the job of president in what would be his mid-80s.If some in the crowd came to the rally holding their breath, many seemed relieved to see more energy from the Democratic president.“Night and day,” said Brenda Pollard, a delegate to the Democratic national convention from Durham, North Carolina. “I mean, to me, today was who he is. And there it is, just like I just said, he’s energized by the people. Last night he didn’t have that. That’s no excuse, but I think it played a factor in it.”Pollard was one of the Biden supporters who met the president on the tarmac when his plane landed at Raleigh-Durham international airport at about 2am Friday.Pollard said she would not consider nominating any other candidate but Biden at the convention and had not heard any “serious” talk about doing so, despite many voters, pundits and operatives suggesting that was the Democrats’ only way forward.Biden played to the North Carolina crowd after he was introduced by the state’s popular and outgoing Democratic governor, Roy Cooper, who at one point was himself mentioned as a possible 2024 presidential candidate.“I want you to know, I’m not promising not to take Roy away from North Carolina,” Biden said.One of the hallmarks of Cooper’s time in office has been his negotiation with the state’s Republican-controlled legislature to expand Medicaid coverage last year. Margaret Kimber, a grandmother from Wendell, North Carolina, gave Biden much credit for the expansion as well.“It helps with the insurance, the supplements are fantastic,” she said while leaning against her walker after the rally. “And without them, whew!”Pollard also said that Biden’s support of social security and Medicare were some of the most important issues for her.skip past newsletter promotionafter newsletter promotion“The loans are for the next generation. That’s our future coming in,” she said. “But we’re seniors and we’ve invested in this country and we have paid in. And now we just want that. It’s not an entitlement. We paid for it. It’s ours. And President Trump wants to take it.”Kimber said that the issues that matter most to the young people she knows are school safety and gun violence. She said she thought Trump’s focus on immigration restrictions was just an appeal to fear.“Because people were pissed off that the borders were open, Trump is using that as a tool to scare the people of the United States, and he’s using scare tactics to make people think that if we don’t close the borders we’re going to be overrun,” Kimber said. “And we’re going to be overrun with guns and violence. And we already have guns and violence.”Wesley Boykin, who ran as a Democrat for the state legislature in 2022 in rural Duplin county, said that education, safety and healthcare were the issues that drew him most to Biden. Boykin said that as a Black man, he felt fear when Trump was president and no longer has the same fear during the Biden administration.Boykin also said the Raleigh speech was a welcome departure from what he called a “lackluster” performance by the president on Thursday, especially the first seven minutes.“I concluded nine o’clock is not the appropriate time,” he said. “After he basically woke up – after that seven minutes – he was more like he was today. And I realized he didn’t get a great deal of sleep.”Boykin and others said that economic issues were not as important to them in this campaign as issues of character. Biden hit Trump on both fronts, reusing his “morals of an alley cat” line and calling his challenger “Donald ‘Herbert Hoover’ Trump”, after the Republican president who was in office at the onset of the Great Depression.Tina Bruner, a Democratic precinct chair in Raleigh and mother of three school-age children, said Biden’s handling of the pandemic demonstrated both his character and what she said was his superior economic policy.“The way Trump handled the pandemic was terrifying, and I immediately felt like we’re going to make it out of this whenever Joe took over. The vaccine rollout happened and the way school lunches were funded for everyone. I don’t think I could have counted on schoolchildren to be fed by Trump.”“So, yes, my life definitely felt safer, my family felt safer because of Joe Biden,” she said. More

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    It’s risky, but Joe Biden needs to give way to someone who can beat Donald Trump | Jonathan Freedland

    What was the worst moment? Perhaps when one especially rambling sentence of Joe Biden’s ended in a mumbled, confused declaration that “We finally beat Medicare”, as if he were the enemy of the very public service Democrats cherish and defend. Maybe it was when the president was not talking, but the camera showed him staring vacantly into space, his mouth slack and open? Or was it when he was talking, and out came a thin, reedy whisper of a voice, one that could not command the viewer’s attention, even when the words themselves made good sense?For anyone who cares about the future of the United States and therefore, thanks to that country’s unmatched power, the future of the world, it was agonising to watch. You found yourself glancing ever more frequently at the clock, desperate for it to end, if only on humanitarian grounds: it seemed cruel to put a man of visible frailty through such an ordeal.In that sense, the first – and, given what happened, probably last – TV debate between the current and former president confirmed the worst fears many Biden supporters have long harboured over his capacity to take on and defeat Donald Trump. For more than 90 excruciating minutes, every late-night gag about Biden’s age, every unkindly cut TikTok video depicting him as doddery and semi-senile, became real. There was no spinning it, despite White House efforts to blame a cold. Joe Biden delivered the worst presidential debate performance ever.Expectations were rock bottom: all he had to do was turn up and show some vigour, reassure people that his marbles were all present and correct, and it would have been enough. The bar could scarcely have been lower. But Joe Biden could not clear it.And if the debate confirmed Biden’s limitations, it also served as a reminder of why those limitations matter. For one thing, Trump’s entire framing of this race is strong v weak: he offers himself as a strongman, against an opponent too feeble to lead and protect the US in an increasingly dangerous world. Purely at the physical level of what people could see and hear on their TV screens, the Atlanta debate reinforced Trump’s frame.But, no less important, Biden’s inability to deliver clear, intelligible statements meant Donald Trump’s lies went unchallenged. And there were so many, lie after lie after lie. Trump claimed Democrats favoured abortion at nine months, even if that meant killing babies after birth. He claimed the real culprit for the 6 January storming of Capitol Hill was not him, but Democratic former House speaker Nancy Pelosi. He claimed it was he who had lowered the cost of insulin, when it was Biden who did that.There were dozens more in that vein, an unceasing firehose of lies. But because CNN had made the baffling decision to have the hosts do nothing but read out scripted questions – never challenging any statement made by the candidates – it was left to Biden to hit back in real time. And he couldn’t do it. The post-match factcheckers stayed up into the early hours, attempting to set the record straight. But by then it was too late.In that sense, the debate was the 2024 campaign in microcosm. Trump is a liar, convicted felon and would-be dictator who plotted to overturn a free and fair election so he could cling to power, but he is set to return to the Oval Office because his opponent is too weak to stop him. As the former Obama administration official Van Jones put it after the debate, this is a contest of “an old man against a conman” – but the weakness of the former is allowing the latter to prevail.The simple fact that Trump spoke loudly and clearly and with, by his standards, relative self-discipline, coupled with the lack of interrogation from the moderators, granted him a plausibility he should have been denied. He is a failed coup leader, nationalist-populist menace and racist who would suck up to the world’s autocrats and throw Ukraine to Vladimir Putin’s wolves: he should be allowed nowhere near power. But because he was up against a man who could scarcely complete a sentence, he was presented as a legitimate option for the world’s highest office.The expectation must now be that, if he faces Biden on 5 November, Trump will win. He was ahead in all of the battleground states even before the debate and there is now no clear further chance for a reset. Thursday night’s head-to-head was supposed to be that moment. Indeed, that is why the White House opted to have the debate so unusually early: to allay fears about the president’s age and to reframe the race not as a referendum on Biden, but as a choice. That gambit doubly failed, making a bad problem much worse.So what now? Unfortunately, there is no letters-to-Graham-Brady mechanism in US politics, no equivalent to Westminster’s short, sharp defenestrations. Some imagine the likes of Hillary Clinton and Barack Obama having a quiet word, but Biden is a proud and stubborn man who feels he was passed over too long, including by those two. Perhaps Democratic leaders in the House and Senate could do it: given Biden’s decades-long attachment to Congress, he might listen to warnings that “down-ballot” candidates could suffer if he stays at the top of the ticket.But ultimately this will have to be his decision. He won his party’s primaries earlier this year, all but unopposed; the Democratic party’s nomination is his, unless he gives it up. Some say the only person who could ever persuade him to do that is his wife, Jill. But after the debate, she loudly congratulated her husband, albeit in a manner that reinforced the sense of a man well past his prime. “Joe, you did such a great job!” she said. “You answered every question! You knew all the facts!”Even those Democrats who concede Thursday was a calamity worry that a change now is fraught with risk. Biden could make way for his vice-president, but Kamala Harris is even less popular than he is – and Trump would relish mining the rich seams of sexism and racism that would open up. The party could throw it open to a contest fought out at its convention in August among the deep bench of next-generation Democratic talent – the Michigan governor, Gretchen Whitmer, her California counterpart, Gavin Newsom, and others – but that could be messy, bitter and rushed. None of the contenders has been tested under national lights, and Democrats would be turning their fire on each other when they need to be aiming at Trump.One thing Democrats agree on: Joe Biden is a good and decent man who has been an unexpectedly consequential president. But communicating is a key part of governing, and Biden has all but lost that ability. For the past year or so, Democrats have crossed their fingers and hoped the evidence taking shape before their eyes might fade, not least because any other course of action entailed great risk. After this disaster of a debate, they can no longer deny that inaction, too, is a risk – and, given the perils of a second Trump presidency, surely the much graver one.
    Jonathan Freedland is a Guardian columnist More

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    The only silver lining to Biden’s painful performance? US voters had already made up their minds | Emma Brockes

    Who could have foreseen that the scariest thing about the presidential debate on Thursday night wouldn’t be the lies, the bombast or the threats to democracy, but the spectacle of Trump’s slightly wolfish restraint. Heading into the encounter, Democrats felt the kind of anxiety more usually endured before watching a child perform, with that same crushing sense of raw emotions. That Trump barely mocked Biden, or went after his age or his son, seemed less rehearsed than a shrewd response to what all of us were seeing: a president so compromised that all Trump had to do was grin, lean back and let the optics work for him.And still, despite the evidence, it feels wanton to say this. Biden, whose voice was hoarse from a cold, rushed his delivery, fought to find words and stumbled in a style not entirely new to him. The difference on Thursday night was one of degree. “Oh my God” was the general consensus, texted around the country, when the debate opened in Atlanta. While Trump’s remarks were predictably ludicrous, full of lies and inflated claims, nothing he said could distract from the image of Biden saying sensible things in a manner so crepuscular that the entire event jumped from politics to tragedy. It made me think of a line from Rilke: “It had almost hurt to see.”This was the near-universal response among Democrats on Friday morning. Spoken with slightly too much relish and accompanied by a lot of “we’re doomed” hand-waving, it drew attention once again to everything that’s wrong with political discourse. There was Trump, claiming, crazily, that in Democratic states something he called “abortion after birth” was endorsed, while Biden soberly listed his achievements in job creation, managing inflation and proposals to better tax those paid more than $400,000. The president pushed back against Trump’s lies as best he could, unaided by the two CNN moderators who, scandalously, were far more corpse-like in their affect than the president. It didn’t matter. The gut response of everyone watching was not “here are two men, one vastly superior to the other”. It was simple shock at how Biden has aged.There was anger here, too. A point widely made on social media on Thursday night was that this is what a race for the most powerful job in the world looks like when people won’t vote for a woman. Two elderly men, in various states of impairment, addressing each other as “this guy”, squabbling over who has the better golf handicap and accusing each other of being sore losers. It was like one of those bad 90s satires involving Warren Beatty, in which the joke is too broad to land. Trump thinned his lips, repeated the phrase “kill the baby”, and accused Biden of running the worst administration in history, to which Biden, correctly but uselessly, in effect responded “no, you are”.And still there was worse to come. For me, the hardest parts of the 90 minutes were the brief flashes of Biden as he once was, full of easy charm and conviction. It was clear that the president was operating in a mode less professional than personal; that his unfiltered state was, on occasion, less strategic than the result of some other, inhibition-suppressing dynamic. But in those moments of pure, visceral response to Trump’s awfulness, Biden seemed like a stand-in for all of us.Several times, one saw Biden look across at Trump with pure, unmoderated hatred. “He didn’t do a damn thing,” he said in reference to Trump and 6 January. “Such a whiner, he is,” said Biden, the odd syntax removing the remarks from the context of a presidential debate to what felt like an honest and off-camera response. “Something snapped in you when you lost,” he said and it was an extraordinary moment, watching a man present Trump with a flat truth about himself. When Biden cracked a huge smile in response to the audaciousness of yet another Trump lie, the pathos was almost unbearable. There he was, fully himself for a moment, the man we recognise as a capable and charismatic leader.Trump, in these moments of confrontation, pursed his lips and smiled thinly. You could almost see the machinery of his personality working, the split-second flare of his wounded narcissism, followed immediately by denial and attack. By the end of the debate, while Democrats started talking, pointlessly, about replacing Biden on the ticket, the only consolation was in the broken political system itself. These debates don’t move the needle. They exist in the absence of any better ideas on how to engage the electorate. Americans are so polarised that no one is changing their minds. If Biden’s performance was terrible, one could self-soothe with the observation that it hardly matters at this stage; which is, of course, the most terrifying conclusion of all.
    Emma Brockes is a Guardian columnist More

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    The abortion ruling hides conservative justices’ partisan agenda | Moira Donegan

    The supreme court is a messy institution. It’s six conservative justices are mired in infighting over both the pace of their shared ideological project of remaking American law and life according to rightwing preferences, and over their preferred methodological course for doing so. Their squabbling is not helped by the fact that two of them, Clarence Thomas and Samuel Alito, keep embarrassing the court with gauche public scandals, which draw attention to the court’s legitimacy crises like a vulgar flag waving above One First Street. For their part, the liberals are exhausted, impotent, and at times apparently publicly despairing. Their dissents have sometimes taken on tones of exasperation and peeved sarcasm, as if they’re turning to the country and asking: “Can you believe this?” Their most senior member, Sonia Sotomayor, recently told an interviewer that over the past several terms, since the court’s conservative supermajority was sealed under the Trump administration, she has sometimes gone into her chambers after the announcement of major decisions and wept. She says she anticipates having to do so again: in one recent dissent, she warned ominously about the future of gay marriage rights.The court’s partisans like to point out that it controls neither the military nor the federal budget; the court’s legitimacy, they say, comes merely from the fact that people believe it to be legitimate. But increasingly, many of them don’t. The court’s approval rating remains at record lows, and the justices’ conduct over the past several years has punctured the mystique of scholarly seriousness that the institution once pretended to. They don’t seem like wise legal scholars, carefully and dispassionately deliberating the merits of competing interests and claims. Instead, they seem more like a bunch of bumbling partisan hacks – perhaps just more cynical and less clever than the average Republican operatives stuffed into suits throughout DC.The court did not appear particularly competent, for instance, when on Wednesday, a draft opinion in Moyle v United States, was briefly uploaded to the court’s web page. The case concerns Idaho, which has one of the most extreme and sadistic anti-choice legal regimes in the nation, and asks whether states’ attempts to ban abortions even in cases of medical emergencies can be preempted by Emtala, a federal law regulating emergency rooms. After it was uploaded, the opinion was quickly taken down; in a statement, a supreme court spokesperson said that the opinion had been uploaded briefly by mistake. By then, Bloomberg news had already obtained the full text of the draft, and it was published soon thereafter.This makes the third time in recent memory that an opinion in a high-profile supreme court case was leaked before its official release. The first was when Justice Alito reportedly told a conservative movement activist friend of his upcoming decision in 2014’s Burwell v Hobby Lobby, a case that struck down the Affordable Care Act’s contraception coverage mandate for religious employers; the second was when the draft of Alito’s majority opinion in Dobbs was leaked to Politico almost two full months before it was ultimately issued by the court. All three of these leaks have been in cases pertaining to women’s reproductive rights.But if the court is bumbling in their functioning, embarrassing in their public personas, and obviously fractious in their internal relations, then the leaked order in Moyle also shows that the conservative majority can be quite calculating in their political strategy. In the draft decision, issued per curium (that is, unsigned), the court dismisses the case as improvidently granted, and sends it back down to the lower courts. They include the restoration of a lower court order that had allowed emergency abortions to continue in Idaho hospitals while the case proceeds. For now, that means that women experiencing failing pregnancies in Idaho will still be able to get the care they need to preserve their health, their fertility and their lives; hopefully, emergency room doctors there will feel safe enough to actually perform the procedures, and patients will no longer have to be air lifted out of state to receive the routine care that will stabilize them. That’s what’s most important for the American public: that for the time being, lives will not be needlessly lost in service to the anti-choice agenda.But to the court’s conservative majority, what seems to be most important is pushing the abortion issue – and an inevitable ruling that eventually will allow states to ban emergency abortions – past the November election. The decision in Moyle was transparently a compromise between the court’s three liberals, who wanted to preserve women’s lives, and the three more pragmatic conservatives – John Roberts, Brett Kavanaugh and Amy Coney Barrett – who wanted to preserve Donald Trump’s electoral chances. These conservatives know that a ruling saying that states can allow women to bleed out, suffer septic infections, have seizures from eclampsia, lose the function of their uterus, and ultimately die – out of deference to preserving what by then are already doomed, futile pregnancies – would hurt Republican candidates in this November’s elections. That doesn’t mean they don’t want to issue such a murderous ruling; it means that they want to do so at a more politically convenient moment.So three of the court’s conservatives are acting like Republican political strategists, working to conceal their own legal agenda in order to minimize harm to their preferred party in an election year. That would be bad enough. But not all of the court’s conservatives can exercise even this degree of cynical, self-interested restraint. Although the order was issued per curium, Alito dissented, arguing that the state ban on emergency abortions should be enforceable under federal law; he was joined by Thomas and Neil Gorsuch. Some of his reasoning was echoed by Barrett, whose concurrence, studded with handwringing concerns as to whether Emtala sufficiently protected the conscience rights of anti-abortion doctors and whether it could preempt a state criminal law, read like a road map for anti-choice lawyers seeking to re-argue the issue at a later, more politically amenable time. (Another sign of the court’s dysfunction – how often opinions are now accompanied by a flurry of dissents and concurrences, with each of the justices seemingly very eager to publicly distinguish their own thinking from that of their colleagues.)Together, their writings made it clear that though the court’s conservatives are split – sometimes fiercely and peevishly so – over how fast to proceed, they agree over their ultimate goal: one day, probably sooner than we think, this case will come back, and the supreme court will allow states to ban emergency abortions. What follows will be blood on their hands. More